BPS WRITES-BPS writies to Prime Minister reg Option-1

BPS writies to Prime Minister reg Option-1

BPS writies to Vandana Sharama reg 61st AGM resoultion :

No.SG/BPS/ARPG/017                                                                                              Dated : 27.1.2017

To
Ms Vandana Sharma,  
Additional Secretary,
GOI –DOP &PW

Subject: Resolutions adopted by 61st AGM of BPS

Madam,
Bharat Pensioners Samaj (Federation of Pensioners Associations)  held its 61st Annual General  Body Meeting n 13.11.2016 in Malvankar Auditorium, Constitution Club New Dellh. AGM was  attended by over  350 delegates from all over the country. The Resolutions adopted unanimously are being forwarded to you herewith for consideration and favourable decisions.


Thanking you
Yours faithfully


S.C.Maheshwari                                                                                                            DA/ as above
Secy General
Bharat Pensioners Samaj

Resolutions Passed unanimously 
by 61st AGM 
(These resolutions are in addition to the resolutions passed by 60th AGM which are still being pursued for implementation)

Implement option 1 as recommended by 7th CPC vide their Para 10.1.67: The said recommendation has been accepted by the govt subject to feasibility after cabinet approval and financial provisions too have been made. It has been accepted by the DOP & PW that records are available in 82%, so implement it without pushing pensioners to the courts. Recast records of remaining 18% according to the procedure laid down in Para 15 of OM No.F.No.45/86/97-P&PW(A)-Part-IIIdated 10.2.1998 of Government of India,Ministry of Personnel, Public Grievances -DOP&PW.
This 61st AGM of Bharat Pensioners Samaj unanimously supports and reiterates the NC JCM proposal vide their letter dated NC-JCM-2016/7th CPC (Pension) 17.10.2016. We vehemently demand that the Pensioners/family pensioners may be allowed to choose any one of the following three options : It may, however, be noted that option 3 cannot be accepted as an alternative to option 1 recommended by 7th CPC vide their Para 10.1.67 & 68. Also in option 3 no cap other than that pension will be 50% of the notional pay thus arrived will not be acceptable.
· Option No.1. Recommended by the 7th CPC, if that is beneficial for them.
· Option No.2. 2.57 times of the pension if that is beneficial.
· Option No.3. To determine the Pension based on the suggestion placed by the Pension Department on 6.10.2016 i.e.notional pay in Seventh CPC is arrived by applying formula for pay revision for serving employees in each Pay Commission and giving 50% of this notional pay as pension to all pre-2016 Pensioners/family pensioners, if that becomes beneficial to them.
2.Revision of minimum salary and common multiplication factor 2.57: Update Dr Aykroyd’s formula by granting the wife status equal to the husband i.e. unit 1, adding requirement of digital India i.e. smart mobile phone & internet connection and adding to revised salary 25% towards social obligations as per S Cjudgment (Para 41.7 page 411 Vol IVth CPC report). Recalculate minimum revised salary and common multiplication factor as a ratio between revised and existing salary.
3.Apply uniformly 7th CPC benefits to all PSUs retirees without further delay : The pensioners/family pensioners of the Statutory Bodies/Autonomous Bodies viz. Coffee Board, Rubber Board, Spices Board, Central Silk Board, Kendriya Vidyalaya Sanghathan, National Council of Science Museum, etc.  are all governed by Central Civil Services (Pension) Rules and their pension/family pension are being revised as per the Government orders, based on Central Pay Commission recommendations, issued from time to time. This 61st AGM of BPS demands that suitable orders be immediately issued to ensure applicability of 7th CPC benefits to PSU retirees without any further delay.
4. EPS 95 Pensioners: Over 28 lac EPS95 Pensioners still get Rs 1000/- per month pension or less due to prorata clause introduced in the provision of Rs 1000/- pm minimum pension. This 61st AGM of BPS demands that Bhagat Singh Koshyari Committee recommendations be implemented immediately.
5.State Pensioners : Several states like UP and Punjab follow the CENTRAL PAY COMMISSION with respect to their employees and pensioners. In the interest of uniformity and equality, this 61st AGM of BPS demands that all State governments to afford an option to their employees and pensioners to avail 7th CPC benefits if more beneficial to them.
6.Re-empanel CS (MA)/ECHS hospitals for CGHS beneficiaries residing outside CGHS arears :  For the benefit of pensioners residing outside the CGHS areas, CGHS should empanel those hospitals which, at the relevant places are already empaneled under CS (MA)/ECHS/RELHS for catering to the medical requirement of these pensioners on a cashless basis.
7.Restore 2/3rd pension in case of PSU absorbees: The PSU absorbees who got the 100% Commutation done, got no pension after their retirement till one third was restored vide DOP&PW orders dated 30-9-1996. They continued to be deprived of the restoration of the balance two-third of their Pension after 15 years of the Commutation unlike other Central Government Pensioners who get full restoration of Pension after 15 years of retirement. This is discriminatory and in violation of law of natural justice as well as violation of Articles 14, 16 and 39 of the Constitution of India. In view of the orders passed by the Honourable Supreme Courtin the case of Union of India &  Another Vs  K  Ganesan (Dead) in Civil Appeal No. 6048 of 2010 and Civil Appeal No. 6371 of 2010, this discrimination needs to be ratified urgently.
8.Implementation of improved/upgraded scales/grade pays for past retirees for revision of  pension & family pension: Several categories of employees who retired under earlier pay commissions’ scales of pay have been done grave injustice by not extending to them the actual grades and grade pays implemented to employees of their respective categories for purposes of implementation of full as well as modified parity. To illustrate the point, it is stated that those of IV CPC scale of RS.1400-2300 who retired prior to 01.01.1996 were deemed to have retired in V CPC scale of  Rs.4500-7000 and VI CPC GP RS.2800. Now under the 7th CPC pay matrix, they will come under level 5, whereas those in service on the dates of implementation subsequent pay commissions’ recommendations had come under scale of Rs.5000-8000 and GP Rs.4200 and level 6 of pay matrix.  Similar injustice occurred to Group B Officers who retired in III, IV&V  CPC scales, retirees in IV CPC scale of RS.5500-9000, retirees of VCPC scales Rs.6500-10500  and Rs.7450-11500. This discrimination and injustice is justified by the authorities on the untenable ground that they were improved/upgraded grades and grade pays. This stand of the authorities is violative of Article IV of Constitution of India and runs contrary to Hon’ble Apex Court judgement in famous Nakara case and a catena of other judgments. Several benches of Hon’ble CAT and Hon’ble High Courts had set aside such discrimination.Yet the Government is prolonging litigation abdicating its responsibility to its retired employees to do justice. Denial of the so called improved/upgraded grades and GPs to past retirees who retired in the same posts amounted to their retrospective downgrading. This injustice will be carried forward in the notional fixation in pay matrix as per first option recommended by 7th CPC with cumulative effect till the end of their as well as their    families lives unless rectified as though it is the reward for the long service rendered by them to the government with absolute integrity and devotion to duty. This AGM therefore urges on the Government to undo the above injustice by following realistic as well as constitutionally correct policy by extending to past retirees of the same posts the  actual grades and grade pays implemented to those in service subsequent to their retirement for the purpose of revision of pension  including revision through notional fixation of pay in the pay matrix as recommended by 7th CPC. This will avoid further litigations as well as harassment and injustice to past pensioners. This AGM fervently hopes for issue of early orders in the above regard.   
9.Grant corresponding 5th CPC scales to specific categories: In compliance with the recommendations of 5th Central Pay Commission, the pension of Railway pensioners was fixed in terms of the gazette Notification No.RBE 133/97 of the Railway Board. The Railway Board issued orders  vide RBE 138/97 dated 16.10.1997 prescribing scales of pay for specified categories in Annexure B. Accordingly, Commercial Clerks, Commercial Inspectors, Ticket Collectors, Technical Supervisors, Depot Store Keepers, Station Masters, Yard Masters, Loco running staff etc were covered under specified categories for which specific scales of pay had been laid down
The above categories of staff in scale 1400-2300 during the 4th CPC, were fitted in scale Rs.5000-8000 in the 5th CPC in terms of Railway Board orders cited above. The retirees from these scales were given pension based on these scales upto 2012. Suddenly, the railway administration reduced their pension to the level of common categories which were eligible for scale Rs.4500-7000. The excess payment made upto 2012 was also recovered from the pensioners. The reason given was that these pensioners were not eligible for the revised scales as they were not in service at the time of implementation of the recommendations of the 5th CPC. In view of Hon’ble Supreme Court’s dismissal of SLPs filed by the Railways against the verdict of Hon’ble Punjab & Haryana High Court in the cases of Agiaram and others Vs Union of India (SLP 29160/2012) and Darshanlal Bali & others Vs Union of India (SLP 22402/2014) and CAT (Principal Bench) decision in OA No.655/2010 which has also attained finality through Hon’ble Supreme Court, the case of K S Krishnasamy vs UOI (SC judgement 23.11.2006) quoted by Rly Bd in their No F(E) III /2008/PNI/12 dated 04.12.2009 has since become irrelevant after these two judgements.
Since decision to confer the benefit of pension based on the post held at the time of retirement and not based on scale of pay at the time of retirement has been made by the Hon’ble Supreme Court of India, any letter, circular or order issued by DOP& PW or the Railway Board in contravention of this decision is not legally tenable. Para 20 of the Punjab & Haryana High Court Judgment in Darshan Lal Bali V/s Union of India implies that all similarly placed pensioners should be given the benefit of the judgment.
Bharat Pensioners Samaj, therefore, demands that the GOI issue necessary orders, without any further delay to set right the anomaly herein brought out.
10.Grant of full pension to all : Ref:  No38/37/08-P&PW (A) Dated 06th April, 2016 regarding delinking of 33 yrs of service : A section of pre-2006 pensioners is singled out for denying the benefits given in the above office Memorandum. According to this order, the pensioners whose pension /family pension is higher than the pension/family pension calculated in the manner indicated in O.M. dated 28-01-2013, the same will continue to be treated as basic pension.  In other words, these pensioners will continue to get only the same prorata pension as earlier and no further revision will be applicable to them. Similarly, the advantage of the said orders has not been extended to family pensioners. This is a discrimination against this section of pensioners. Bharat Pensioners Samaj demands that this should be set right urgently. 
11. Injustice to those born on 1.1.194 6/1938/1928  and to those who are born on Ist of July :The modified FR 56(a), requiresevery one whose date of birth is the first of a month to retire from service on the afternoon of the last day of the preceding month on attaining the age of superannuation. Because of this modification, pensioners born on1.1.1946/1938/1928 are deprived of all the Central Pay Commission benefits in terms of pay revisions and full pensionary benefits owing to their retirements on 31.12.2005/1995/1985.This proviso singled out the Ist Jan. 1946/1938/1928-born pensioners for depriving them of the Pay Commission benefits. Such of these pensioners are made to suffer for no fault of theirs and are deprived of EQUALITY of status and opportunity. Thisviolation of Article 14 of the Constitution needs to be set right immediately.
Similarly, those who are born on Ist of July and are made to retire on super annuation in the afternoon of 30th June, lose their due increment falling on Ist of July, inspite of working for the full 365 days and thus sufferre curring loss throughout the life. Bharat Pensioners Samaj demands that one retirement increment be allowed to these pensioners to save from this recurring loss.
12. Raise  FMA to Rs 3,000/- :Fixed Medical allowance (FMA): As recorded in Para 5 of the minutes of Committee of Secretaries (COS) held on 15.04.2010 (Reference Cabinet Secretariat, No 502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/ 2010 Minutes of COS meeting dated 15.4.2010) which discussed enhancement of FMA, “CGHS card estimates for serving Personnel: Since estimates are not available separately for pensioners M/O Health & Family Welfare had assessed the total cost per card p.a. in 2007-2008 = Rs 16,435 i.e. Rs.1369 per month per card for OPD”. Taking inflation into account, the figure today is well over Rs 3000/- pm. Thus, to help elderly pensioners to look after their health, adequate raise in FMA will encourage a good number of pensioners to opt out of OPD facility which will reduce overcrowding in hospitals. OPD through Insurance will cost much more to the Govt.
We demand that FMA for all C.G. Pensioners be raised to at least Rs 3000/- PM without any distance restriction.Distance restriction is discrimina-tory to those who do not choose Govt schemes/hospitals) linking it to Dearness Relief for automatic further increase. We further demand that FMA be exempted from INCOME TAX. Fixed Medical Allowance (FMA) is a compensatory allowance to reimburse the medical expenses. As Medical Reimbursement is not taxable, FMA should also be exempted from Income Tax.
13. Medical facilities to Family Pensioners other than the spouse: Though as per accepted recommendations of Sixth Central Pay Commission, widowed/divorced/unmarried dependent daughters when they gain the status of family pensioner on their turn are provided medical facilities under CGHS. But in the Railways, these family Pensioners and their dependents are deprived of medical facilities and are not allowed to join RELHS. This is discriminatory and needs to be set right immediately.
14.Cashless Treatment Scheme In Emergency (CTSE) For RELHS Beneficiaries At Empanelled Hospitals-Railway Board’s letter No.2014/H/28/1/Smart Card/Part ‘A’ dated 14.07.2016: BPS seek benign intervention of honourable Minister for Railways in a matter of extreme hardship perpetrated on the large number of Railway Pensioners who have been asked vide the Railway Board’s letter cited above, to pay exorbitantly heavy amounts of money ranging between Rs. 10,000 to Rs.50,000 for getting medical treatment in case of Emergency under CTSE.
 The RELHS beneficiaries had already paid one month’s salary or two months’‘Pension’ for joining the Railway Employees Liberalized Health Scheme (RELHS) – 97. 
This 61st AGM of BPS, humbly  submits that the Scheme of Cashless Service for RELHS Card Holder to take treatment in recognized Private Hospitals in emergency promulgated vide Rly Board No.2007/H/28/1/RELHS/Smart Card New Delhi, dated 18.07.2012 and which stands implemented on Eastern Railways (Reference CMD ERly No. MD. 173/0/Smart Card dated: 11th June, 2013) is much better and may, with slight amendments, be adopted for PAN INDIA Smart card for RELHS beneficiaries.
15. Additional Pension / Family Pension:
(a) Sixth Pay Commission had recommended additional Pension of 20,30,40,50 and 100% for retirees and family pensioners on attaining ages of 80, 85, 90, 95 and 100 years respectively. However, in the present scenario of climatic changes, incidence of pesticides and rising pollution, old age disabilities/diseases set in by the time an employee retires and go on manifesting very fast, needing additional finances to take care of these disabilities and diseases, especially as the cost of healthcare has gone very high. Recommendation of Sixth Pay Commission for grant of 100% additional Pension after 100 years of age is rather illusionary in view of chances of survival upto or beyond the age of 100 years being very very remote.
BPS demand that 10% Additional Pension should be granted every 5 years from the age of 65 to 75 years & thereafter 20% every 5 years from 80 years onwards and 100% on 90 years of age.
16.Pension and Dearness Relief to be net of Income Tax : The purchase value of pension gets reduced day by day due to continuous high inflation and steep rise in cost of food items and medical facilities. Retired persons/Senior citizens do not enjoy fully public goods and services provided by Government for citizens due to lack of mobility and many other factors. Their ability to pay tax gets reduced from year to year after retirement due to ever-increasing expenditure on food, medicines and other incidentals. Their net worth at year end gets reduced considerably compared to the beginning of the year. Inflation, for a pensioner is much more than any tax. It erodes the major part of the already inadequate pension. To enable pensioners, in their old age, to live in minimum comfort and to cater for ever rising cost of living, they may be spared from paying Income Tax on Pension and the Dearness Relief.




S.C.Maheshwari, S G  BPS

BPS writies to Secy ARPG
BPS/01/17k/03 date:  20.01 .2017
Secretary
AR PG & Pension,
Patel Bhawan, Parliament Street,
New Delhi -110001

Secretary Expenditure,
Ministry of Finance,
North Block,
New Delhi - 110001

Dear Sir,

Subject: Revision of Pension of Pre 2006 Pensioners – Reg. Benefit of Up-gradation of Pay Scales Upgraded /                  Merged as per recommendations of the 6th CPC.
Reference: 
i)  Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,
ii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 3-10-08, 14-10-08 & 11-2-09
iii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 30-7-2015
iv) Item 7 of ATR of 28th Meeting of SCOVA held on 27-6-2016
In continuation of our Memoranda dated 24-2-2016 and 12-9-2016, we draw your kind attention to the following facts:
i.DOP&PW has mentioned as under in Col. 4 of the ATR of the 28th Meeting of SCOVA held on 27-6-2016:
ii. “Department of Expenditure has observed that the upgraded Grade Pay of Rs. 4600 - was given subsequently outside the recommendation of the 6th CPC. Since this up-gradation is post 6th CPC decision, it is not applicable to those who are holding the pre-revised scale of Rs. 6500-10,500 - and retired before 01.01.2006.”
iii. From the above cited observations of Department of Expenditure, it is apparent that the DOE had objected to the extension of the said benefit to such of the Pensioners who had retired from the posts upgraded outside the recommendations of the 6th Pay Commission. Incidentally, DOE had earlier agreed to give the benefit of subsequent upgrading to old Pensioners in case of S 30 wherein PB 4 + GP 12000 was upgraded to 67000-79000 (HAG). But ironically, similar benefit of subsequent upgrading is now being denied to those who retired from the scale Rs.6500-10500.
 iv. In any case, from the above it is clearly inferred that DOE had no objection to give the said benefit of upgradation to the Pensioners who had retired from the Posts which had been upgraded as per recommendations of the 6th CPC.
v. We as of now, seek relief to this extent alone, notwithstanding the benefit allowed by the various Courts even to those Pensioners who had retired from posts which were upgraded outside the recommendations of 6th CPC.
vi. It  is, therefore, requested, that the benefit of upgradation / merger of Pay Scales as per recommendation of 6th CPC as per Section II of CCS (Revised Pay) Rules 2008 may please be given for the Revision of Pension of at least those of Pre-2006 Pensioners who had retired from posts upgraded by 6th CPC.

Yours faithfully,


(S. C. Maheshwari)
Secretary General, BPS

BPS Writies to : Revision of Pension of Pre 2006 Pensioners – Reg. Benefit of Up-gradation of Pay Scales Upgraded / Merged as per recommendations of the 6th CPC.

BPS/01/17k/03 date:  20.01 .2017
Secretary
AR PG & Pension,
Patel Bhawan, Parliament Street,
New Delhi -110001

Secretary Expenditure,
Ministry of Finance,
North Block,
New Delhi - 110001

Dear Sir,

Subject: Revision of Pension of Pre 2006 Pensioners – Reg. Benefit of Up-gradation of Pay Scales Upgraded /                  Merged as per recommendations of the 6th CPC.
Reference: 
i)  Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,
ii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 3-10-08, 14-10-08 & 11-2-09
iii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 30-7-2015
iv) Item 7 of ATR of 28th Meeting of SCOVA held on 27-6-2016
In continuation of our Memoranda dated 24-2-2016 and 12-9-2016, we draw your kind attention to the following facts:
i.DOP&PW has mentioned as under in Col. 4 of the ATR of the 28th Meeting of SCOVA held on 27-6-2016:
ii. “Department of Expenditure has observed that the upgraded Grade Pay of Rs. 4600 - was given subsequently outside the recommendation of the 6th CPC. Since this up-gradation is post 6th CPC decision, it is not applicable to those who are holding the pre-revised scale of Rs. 6500-10,500 - and retired before 01.01.2006.”
iii. From the above cited observations of Department of Expenditure, it is apparent that the DOE had objected to the extension of the said benefit to such of the Pensioners who had retired from the posts upgraded outside the recommendations of the 6th Pay Commission. Incidentally, DOE had earlier agreed to give the benefit of subsequent upgrading to old Pensioners in case of S 30 wherein PB 4 + GP 12000 was upgraded to 67000-79000 (HAG). But ironically, similar benefit of subsequent upgrading is now being denied to those who retired from the scale Rs.6500-10500.
 iv. In any case, from the above it is clearly inferred that DOE had no objection to give the said benefit of upgradation to the Pensioners who had retired from the Posts which had been upgraded as per recommendations of the 6th CPC.
v. We as of now, seek relief to this extent alone, notwithstanding the benefit allowed by the various Courts even to those Pensioners who had retired from posts which were upgraded outside the recommendations of 6th CPC.
vi. It  is, therefore, requested, that the benefit of upgradation / merger of Pay Scales as per recommendation of 6th CPC as per Section II of CCS (Revised Pay) Rules 2008 may please be given for the Revision of Pension of at least those of Pre-2006 Pensioners who had retired from posts upgraded by 6th CPC.

Yours faithfully,


(S. C. Maheshwari)

Secretary General, BPS



 Grievance of Coffee Board Pensioners



No SG/BPS /CIM/017/1                                                                                                              Dated 25.01.2017

Smt. Nirmala Sitharaman
HonourableMinister of State (Independent Charge)
 Ministry of Commerce & Industry
Udyog Bhavan
New Delhi

Sub :  Grievance of Coffee Board Pensioners

Respected Madam,

The Coffee Board has not so far implemented the orders contained in OMNo. 38/37/08-P&PW (A) GOI Ministry of Personnel, PG & Pensions Department of Pension & Pensioners’ Welfare dated 6.4.2016-delinking  33 years of service for fixation of pension, though the pensioners of Central Government and other Statutory Bodies have already availed benefits in terms of this OM, inspite of repeated requests made to the Board and the Government, in this regard justifying implementation of the orders contained in this OM to the pre-2006 pensioners of Coffee Board
The pensioners of Coffee Board have neither been granted 7th CPC benefits on par with the Central Government pensioners nor the Dearness Relief wef 1.7.2016, though the Central Government pensioners have already been granted 7th CPC benefits as also Dearness Relief.The Board’s employees have been granted Dearness Relief w.e.f. 1.7.2016. 
  The Government has also issued guidelines regarding extension of 7th CPC benefits to staff of Autonomous Bodies/Statutory Bodies, vide OM F.No.1/1/2016-E.III(A) GOI Ministry of Finance (DOE) dated13th January, 2017Even then the Coffee Board has not extended the benefits of 7th CPC w.e.f. 1.1.2016 neither it has granted Dearness Relief w.e.f. 1.7.2016 to the pensioners of Coffee Board.

Coffee Board pensioners are very much disappointed  as the Board has not been sympathetic towards pensioners toresolve their problems. 
Bharat Pensioners Samaj (Federation of Pensioners Associations) therefore, seek your kind intervention to resolve the issue at the earliest 

Thanking you
Truly yours,


 Medical facilities to married disabled dependent sibling
Reference: OM l/33/2012-P&PW (E) GOI Ministry of  Personnel, PG & Pensions -DOP          &PW Dated: 16th January, 2013


S.C.Maheshwari
Secy. General 
Bharat Pensioners Samaj
Mob 9868488199
e.mail :Maheshwari.sc@gmail.com


No SG/BPS/MH&FW/017/2                                                                           Dated 26.1.2017

Shri Jagat Prakash Nadda
Honorable Minister of Health & family welfare
Union of India
Nirman Bhawan 
New Delhi 110001

Subject: Medical facilities to married disabled dependent sibling
Reference: OM l/33/2012-P&PW (E) GOI Ministry of  Personnel, PG & Pensions -DOP        &PW Dated: 16th January, 2013

Sir,
Kind attention is invited to NO l/33/2012-P&PW (E) Government of India Ministry of Personnel, PG & Pensions Department of Pension & Pensioners’ Welfare Dated: 16th January, 2013 vide which allows continuance of family pension to mentally/physically disabled children who drew, are drawing or may draw family pension even after their marriage.

Sir, ‘Bharat Pensioners Samaj’ (Federation of Pensioners) requests you that such of the mentally/physically disabled children who are entitled to draw family pension even after their marriage may be allowed to avail medical facilities also per entitlement of their parents.

Hoping for a favourable decision to help the differently abled children. 

Thanking you in anti cipation
Faithfully yours,



S.C. Maheshwari
Secy Genl BPS





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